September infringement proceedings package concerning Spain: main decisions

Brussels, 28 September 2023. The main decisions adopted by the Commission concerning Spain are presented below, grouped by policy area.

The Commission will also close 135 cases that have been settled by the Member States concerned without the Commission having to pursue the procedure further.

Environment

Letters of formal notice

Commission calls on SPAIN to complete its Natura 2000 network

The European Commission has decided to pursue infringement proceedings by sending a letter of formal notice to Spain [INFR(2023)2037] for failing to fulfil its obligations under the Habitats Directive (Directive 92/43/EEC). Under the Habitats Directive, Member States are required to propose EU sites of Community importance (SCIs), which are then included in the EU biogeographical lists. Within six years of such inclusion, Member States must designate SCIs as Special Areas of Conservation (SACs) and establish conservation objectives and measures to maintain or restore the protected species and habitats present on the sites, in order to achieve a favourable conservation status at national biogeographical level. These are essential requirements for protecting biodiversity across the whole of the Union’s territory. Both the European Green Pact and the Biodiversity Strategy 2030 indicate that it is essential for the Union to halt, protect and restore biodiversity loss.

Spain has neither proposed nor transmitted an exhaustive list of SCIs, as the number, size and location of the SCIs proposed by Spain and the species and habitats protected therein are not sufficient. The Commission is therefore sending a letter of formal notice to Spain, which now has two months to respond and remedy the shoIn February 2023, the Commission sent letters of formal notice urging these Member States to comply with their obligations and to finalise the revision of their water plans. However, the Member States concerned continue to fail to comply with their obligations under either or both Directives. Bulgaria, Cyprus, Spain, Malta and Portugal are behind schedule in the revision, adoption and notification of the third river basin management plans and the second flood risk management plans; Ireland and Slovenia are behind schedule in the revision, adoption and notification of the third river basin management plans; Slovakia is behind schedule in the revision, adoption and notification of the second flood risk management plans.tcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Reasoned opinions

Water management: Commission requests BULGARIA, CYPRUS, IRELAND, SPAIN, MALTA, PORTUGAL, SLOVAKIA AND SLOVENIA to finalise the revision of their water management plans

In February 2023, the Commission sent letters of formal notice urging these Member States to comply with their obligations and to finalise the revision of their water plans. However, the Member States concerned continue to fail to comply with their obligations under either or both Directives. Bulgaria, Cyprus, Spain, Malta and Portugal are behind schedule in the revision, adoption and notification of the third river basin management plans and the second flood risk management plans; Ireland and Slovenia are behind schedule in the revision, adoption and notification of the third river basin management plans; Slovakia is behind schedule in the revision, adoption and notification of the second flood risk management plans.

EU water legislation must be fully implemented to achieve the EU’s ambitions on the circular economy, biodiversity, zero pollution and climate change. The Commission is therefore sending a reasoned opinion to these nine Member States, which now have two months to respond and take the necessary measures. In the absence of a satisfactory response, the Commission may decide to refer the Member States to the Court of Justice of the European Union.

European Commission publishes February infringement proceedings package for Spain

Mobility and transport

Reasoned opinions

Inland waterway transport: Commission requests DENMARK and SPAIN to transpose EU rules on professional qualifications in inland waterway transport

The European Commission has ñdecided to send reasoned opinions to Denmark [INFR(2022)0207] and Spain [INFR(2022)2042] for failing to transpose Directive (EU) 2017/2397 on the recognition of professional qualifications in inland navigation. The Directive lays down the conditions and procedures for the certification of qualifications of persons involved in the operation of vessels on inland waterways in the Union, as well as for the recognition of such qualifications in other Member States. In addition, it lays down transitional measures to ensure that certificates of qualification, service books and logbooks issued before the end of the transposition period of the Directive remain valid. Following letters of formal notice sent to Denmark on 24 March 2022 and to Spain on 15 July 2022, the Commission did not receive notifications from either Member State demonstrating that they had fully transposed the Directive into national law. The Commission therefore considers that the national legislation of these countries is not fully compliant with the Directive.

In addition, the European Commission decided to send a reasoned opinion to Denmark [INFR(2022)0210] for failing to transpose Directive (EU) 2021/1233 amending Directive (EU) 2017/2397 as regards transitional measures for the recognition of third country certificates for inland navigation. In order to ensure a smooth transition to the system of recognition of third country documents, the Directive provides for transitional measures. According to the notifications sent to the Commission, Denmark has not yet transposed these transitional measures. Following the letter of formal notice sent on 24 March 2022, the Commission did not receive any notification from Denmark demonstrating that it has fully transposed the Directive into national law. The Commission therefore considers that Denmark’s national legislation is not fully in line with the Directive.

Denmark and Spain now have two months to reply and to take the necessary measures. If they fail to do so, the Commission may decide to refer the cases to the Court of Justice of the European Union.

Civil aviation safety: Commission urges SPAIN to comply with EU rules

The European Commission has decided to send a reasoned opinion to Spain [INFR(2022)2001] for failure to comply with its obligations under Articles 34 and 56 of the Treaty on the Functioning of the European Union (TFEU) on the free movement of goods and services, Regulation (EU) 2018/1139 on common rules in civil aviation and Regulation (EU) 1178/2011 on pilot training organisations. The requirements imposed by Spain to register all aircraft based in Spain, including aircraft already registered in other Member States, impose a considerable administrative burden on aircraft owners and are contrary to the free movement of goods and services guaranteed by Articles 34 and 56 TFEU. The Commission sent Spain a letter of formal notice on this issue in April 2022. The Commission did not consider Spain’s reply to the letter of formal notice to be fully satisfactory and has now issued a reasoned opinion. Spain now has two months to respond and take the necessary measures. If it fails to do so, the Commission may decide to refer the case to the Court of Justice of the European Union.

Financial stability, financial services and capital markets union

Letters of formal notice

Financial markets: Commission requests SPAIN to complete transposition of Markets in Financial Instruments Directive

The European Commission has decided to open infringement proceedings by sending a letter of formal notice to Spain [INFR(2023)2099] for incomplete transposition into national law of amendments to the Markets in Financial Instruments Directive. The amendments replace the definition of “financial instrument” in Article 4(1)(15) of Directive 2014/65/EU. The deadline for transposition was 23 March 2023 and Spain had not completed transposition. The Commission therefore invites Spain to transpose and notify the requested measures. In the absence of a satisfactory response from Spain within two months, the Commission may decide to continue the infringement procedure and send a reasoned opinion.

More information on infringement proceedings

In its regular package of infringement decisions, the European Commission takes legal action against Member States that have failed to comply with their obligations under EU law. These decisions, which cover different sectors and policy areas of the European Union, aim to ensure that EU law is properly applied for the benefit of citizens and businesses.

For more information on EU infringement procedures, see the full section on questions and answers. For more details on the history of a case, see the infringement decisions register.